Colter v. State

A jury found appellant guilty of aggravated sexual assault. Tex.Pen.Code Ann. § 22.021 (Supp.1987). After finding that appellant had been previously convicted of two felony offenses, the jury assessed punishment at imprisonment for 35 years.

In his three points of error, appellant contends the trial court erred by including in its charge to the jury at the punishment stage an instruction on the law of parole pursuant to Tex.Code Cr.P.Ann. art. 37.07, § 4 (Supp.1987). Before reaching the merits of appellant’s contentions, we must address the State’s assertion that appellant waived any error by…